Filtered Decisions

The Commission affirmed the ALJ's award finding Martin George permanently and totally disabled from a work-related lumbar spine injury sustained on April 22, 2008, in combination with pre-existing conditions. The decision corrected pronoun inconsistencies in the original award while upholding the finding that claimant was unemployable on the open labor market and unable to perform more than sedentary work.

The Labor and Industrial Relations Commission affirmed the administrative law judge's temporary or partial award finding that claimant Melvin Thomas sustained a compensable low back injury on September 23, 2011, when he lifted a box at work. The case remains open for further proceedings to determine final compensation for temporary disability and future medical expenses.

The Commission affirmed the Administrative Law Judge's denial of workers' compensation benefits for an employee injured in a truck accident on March 23, 1996, in South Dakota, ruling that the injury did not occur 'under the Law' of Missouri despite arising out of and in the course of employment. Although temporary disability payments of $28,403.75 and medical aid of $24,984.15 had been provided and later settled, no additional compensation was awarded.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits for Herbert Schnell's occupational injury sustained on February 4, 2004. The claimant was awarded permanent total disability benefits from the Second Injury Fund after falling on ice at work, injuring both shoulders and his cervical spine.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kenneth Siculan for a right knee injury sustained on July 21, 2009, when his foot slipped off a curb while performing work duties. Medical evidence established that the workplace accident was the prevailing factor causing internal derangement of the right knee including a torn medial meniscus with 25% permanent partial disability.

The Missouri LIRC affirmed the Administrative Law Judge's award of permanent total disability benefits to Sylvester Lewis, rejecting the Second Injury Fund's argument that permanent total disability benefits should be denied during periods when the employee received unemployment compensation. The court held that strict construction of the workers' compensation statute does not allow for such a credit, as the statute contains no language authorizing the denial of benefits based on concurrent unemployment compensation receipt.

The Commission affirmed the administrative law judge's award allowing workers' compensation for an occupational disease affecting the employee's bilateral upper extremities, finding credible testimony that the condition was work-related and that the employee is unable to compete in the open labor market. The employer is liable for temporary total disability benefits based on the employee's physical condition and inability to work.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Sylvia Llanos for a repetitive strain occupational disease injury to both wrists sustained on June 23, 2003. The Commission approved total compensation of $53,715.16 including medical expenses, temporary and permanent partial disability benefits, and disfigurement compensation.

The LIRC affirmed the Administrative Law Judge's award denying workers' compensation benefits to employee Fausto Franco-Lopez, finding he failed to meet his burden of proving Missouri jurisdiction under § 287.110 RSMo. The Commission corrected a factual error in the ALJ's opinion regarding a phone call in Columbia but otherwise upheld the denial of the claim for lack of jurisdiction.

The Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Gary Grossenbacher for a low back injury sustained on July 21, 2010 while lifting 75-pound log splitter tanks at work. The employee was awarded 13.75 percent permanent partial disability benefits with ongoing payments from the Second Injury Fund.

The Commission affirmed the Administrative Law Judge's award of permanent total disability benefits for an employee with bilateral carpal tunnel syndrome, finding that expert medical testimony from a physician regarding permanent partial disability combined with vocational expert testimony regarding inability to compete in the open labor market satisfied statutory requirements. The Second Injury Fund's argument that the employee must provide explicit physician certification of permanent total disability was rejected as an overly restrictive interpretation of the statute.

The Commission affirmed the administrative law judge's award of workers' compensation benefits to Rosetta McLeary for a right shoulder injury sustained on November 9, 2007, while working as a patient care technician. The employee was awarded 25% permanent partial disability totaling $32,610.00 in compensation, with liability shared between the employer and the Second Injury Fund.

The Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Brian Dalton's right shoulder injury sustained on August 27, 2008, while lifting sheet metal that struck a pipe and jerked his arm backward. The employee was awarded 174 weeks of permanent partial disability benefits at 75% permanent disability with unpaid medical expenses of $269.80.

The Commission affirmed the administrative law judge's award of permanent partial disability benefits to employee Gladys Gaeke, who suffered a burst fracture in her thoracic spine, closed head injury, and neck pain from a motor vehicle accident while working as a small farm educational assistant. The Commission rejected the employee's claim for permanent total disability benefits, finding that the employee was able to work full time for more than one year after the accident, demonstrating ability to compete in the open labor market.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award denying workers' compensation to Larry L. Green, finding insufficient evidence that ether exposure caused his unconsciousness and subsequent vehicle accident. The Commission corrected a minor clerical error identifying a physician's name and concluded that Green's heart condition, rather than occupational exposure, was the likely cause of the incident.

The LIRC affirmed the administrative law judge's decision denying workers' compensation benefits to Julia Reno for alleged occupational disease of the back and cervical spine from repetitive heavy lifting, finding she failed to prove causal relationship to her employment. A dissenting opinion argued the evidence supported permanent partial disability awards based on Dr. Volarich's opinion that heavy lifting at the St. Louis plant caused her lumbar and cervical spine conditions.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits for Lawanda Clark's injuries sustained on September 10, 2009 and November 9, 2009. The employee's compensable injuries to both knees and low back arose out of and in the course of employment, with medical expenses and temporary disability benefits awarded.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to the widow of Joe Lacy for an occupational injury that occurred on or about December 1, 2003, in Dunklin County, Missouri. The decision upheld lifetime permanent total disability benefits to the surviving dependent despite the employee's death being unrelated to the work injury, consistent with Missouri precedent.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Mary Slinkard for a right shoulder and neck injury sustained on September 3, 2009, while carrying mattress tops at Campbell Mattress Company. The Second Injury Fund was found liable for permanent total disability benefits, and the employee received $11,550.06 in temporary total disability compensation plus $105,346.50 in medical aid.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award of workers' compensation benefits to Angela Miller for her back injury, despite a dissenting opinion arguing that her continued smoking constituted unreasonable refusal of medical treatment. The majority upheld the original award and approval of attorney's fees, though the dissent contended the employee's nicotine use rendered her ineligible for surgery that could reduce her disability.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award finding that David D. Phillips' bilateral arm injury sustained while working as a blast furnace operator on August 7, 2011, was compensable under Missouri workers' compensation law. This temporary and partial award is subject to further order, with proceedings remaining open until a final award can be made.

The Labor and Industrial Relations Commission affirmed the administrative law judge's award allowing workers' compensation benefits to Philip L. Riley, finding the ALJ's decision was supported by competent and substantial evidence. A dissenting opinion challenged the credibility findings regarding the employee's hiring circumstances and jurisdictional basis for the claim.

The Missouri LIRC affirmed the administrative law judge's award denying all workers' compensation benefits to claimant Ruben Walker for an alleged injury on January 17, 2002. No compensation was awarded and the claim was determined to be non-compensable under Chapter 287 of Missouri law.

The Labor and Industrial Relations Commission affirmed the Administrative Law Judge's award of workers' compensation benefits to Kevin Johnson, a lifeguard, for a front tooth injury sustained on July 16, 2011. The Commission approved compensation totaling $2,071.49 including unpaid medical expenses, permanent partial disability, and disfigurement benefits, with future medical care left open.

The Missouri LIRC affirmed the Administrative Law Judge's decision denying workers' compensation benefits to Bobby Cureton for a tripping and falling incident on August 22, 2011, finding the accident did not arise out of and in the course of employment. Although the employer-insurer paid $3,834.21 in medical expenses, no compensation was awarded as the injury was deemed non-compensable under Chapter 287.